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Hawaii

Document—and date—every step of layoff process

11/08/2024

Once the word is out, some employees may take steps they think will save them from layoffs—or set up a potential lawsuit. That’s one reason to thoroughly document your layoff-related decisions and plans, even if those plans have not yet been announced. Here’s an example of how careful documentation worked to the employer’s advantage.

Provide any form of short-term leave? Better cover military leave, too

09/20/2024

The 9th Circuit Court of Appeals has ruled that the Uniformed Services Employment and Reemployment Rights Act requires employers that provide any form of short-term leave to also grant leave to members of the National Guard and military reserves so they can take time off for training or short deployments. In doing so, the 9th Circuit joined several other federal circuits in finding that USERRA requires employers to provide such leave.

DOL orders extra helpings of damages against restaurants

02/12/2024

The Depart of Labor is cracking down hard on restaurants that cheat workers out of tips and otherwise fail to pay them properly. On Feb. 7 alone, the DOL announced it had recovered more than $850,000 from eateries in Florida, Hawaii and Oregon.

Accused of religious bias? Brace for years of litigation

08/25/2023

Expect more requests for religious accommodations and more objections to performing some tasks. That kind of employee pushback—aided by well-financed nonprofit groups willing to litigate their cases—is already yielding more EEOC religious-discrimination complaints and federal lawsuits.

Court: Hip-hop on work PA can be harassment

06/12/2023

A federal appeals court has ruled that blasting “sexually graphic, violently misogynistic” music over a Nevada warehouse’s public address system “almost daily” for two years created a hostile work environment.

Your best practice for beating bias lawsuits: Keep accurate records of all HR decisions

03/16/2023

Here’s HR’s best employment-law bet: Assume every employee you fire will try to sue you. That means basing every termination decision on solid business-related reasons, documented in real time. Your good records will often be enough to get a lawsuit tossed out quickly.

Employers win California battle over mandatory arbitration

03/10/2023

Call it a victory for employers that use arbitration agreements to quickly resolve workplace disputes without lengthy court battles and potential runaway jury awards. A federal appeals court has overturned a California law prohibiting employers from requiring employees to sign arbitration agreements. The ruling could mean similar laws in other states may be invalidated, too.

Contract lapse can trigger employment suit

09/29/2022

Some employers assume that if they provide time-limited employment contracts, they can let those contracts expire without worrying about being sued for workplace discrimination. After all, when an employer and an individual sign a contract with an end date, it should follow that once that date comes and goes, neither has an obligation to the other, right?

Even temporary conditions can be disabilities

05/26/2022

It’s a misconception that an employee must have a permanent, long-term medical condition in order to be covered by the ADA. Not true! A temporary serious health condition can still qualify as an ADA disability.

Remove cold-calling from your recruitment toolkit

08/26/2021

In today’s tight labor market, employers are getting creative in their efforts to recruit new employees. But there’s one major recruiting no-no that can spell big trouble. Forget cold-calling cell phones. As a recent case shows, the fines for making unsolicited calls range from $500 to $1,500 per call.